MEMORANDUM OF UNDERSTANDING BETWEEN THE OFFICE OF RAIL REGULATION AND THE HEALTH AND SAFETY EXECUTIVE FOR NORTHERN IRELAND RELATING TO RAILWAY SAFETY IN NORTHERN IRELAND

Signed by Jim Keyes, Chief Executive on behalf of the Health and Safety Executive for Northern Ireland:

[Signature]

Date: 12 June 2008

Signed by Bill Emery, Chief Executive on behalf of the Office of Rail Regulation:

[Signature]

Date: 28 May 2008 Purpose

1. This Memorandum of Understanding (MoU) is between the Office of Rail Regulation (ORR) and the Health and Safety Executive for Northern Ireland (HSENI). Further to paragraph (2)(1)(b) of Schedule 3 to the Railways Act 2005 (which gives ORR a duty to assist and encourage persons concerned with matters relevant to furthering railway safety), the purpose of the MoU is to set out a broad framework within which both the:

   • nature and extent of the advice and support that ORR gives to HSENI in connection with the exercise by HSENI of its functions concerning railway safety in Northern Ireland; and • conditions under which that advice and support is given,

   can be agreed.

Support to HSENI

2. ORR will provide HSENI with professional and technical opinion, advice and support.

3. The particular railway safety matters on which ORR will provide advice and support to HSENI will extend, but not necessarily be limited, to helping HSENI in fulfilling its functions in relation to the:

   a) assessment of safety management systems; b) investigation of any railway incident – subject to the need to take into account any investigation that the Rail Accident Investigation Branch (RAIB) might be making into the same incident; c) assessment of the arrangements for managing safety at level crossings; d) assessment of the arrangements for managing safety critical work; and e) assessment of the arrangements for introducing new or altered rolling stock or infrastructure.

4. HSENI recognises that ORR providing support from technical and other specialists must be measured and reimbursed. The principle will be to recover full costs in accordance with Treasury guidelines but to keep bureaucracy to a minimum.

5. This MoU shall come into immediate effect.